FOOTHILLS BAR

ASSOCIATION

Newsletter of the Legal Community of San Diego's East County


June, 2006


CALENDAR


Estate Planning Section

Thursday, June 8, 2006

12:15 p.m. to 1:15 p.m.

Nancy Kaupp Ewin's Office

La Mesa


Civil Litigation Section

Tuesday, June 13, 2006

12:00 noon to 1:15 p.m.

BJ's Restaurant

Grossmont Center, La Mesa


Family Law Section &

Criminal Law Section

Tuesday, June 20, 2006

11:45 a.m. to 1:15 p.m.

Jury Lounge. Ground Floor

El Cajon Superior Court


CONTENTS


From the President. . . . . . . 1 & 3

From the Court. . . . . . . . . . . . . .2

East County Lawyering. . . . . . 2-4

Civil Litigation Section. . . . . . . .5

Estate Planning Section. . . . . . . 5

Family Law Section. . . . . . . . . . .6

Criminal Law Section. . . . . . . . .6

Pro Tem Schedules. . . . . . . . . . .6

Sections & Committees. . . . . . . 7

Ads and Notices . . . . . . . . . . . . 7



FROM THE PRESIDENT

by Edward R. Torrence


Well pull up a chair for a minute and we’ll talk about what’s happening this month. If you are taking a moment to read this column and the newsletter then I applaud you for having the time to take a moment in your busy schedule to learn what’s happening with your association.


Law Day: Many thanks to our Board of Directors member Joselina Medrano for organizing our Law Day activity which involved hosting “Free Law at the Law Library” in the East County Superior Court Law Library and to the new branch librarian, Barbara Tarvin who was a most gracious host for the event. We were equally pleased with the participation of attorneys who donated hours of their time to assist consumers who needed some initial direction on basic legal questions. I was pleased to participate and am happy to say thanks to Judy Marolt, Carolyn Brock, Ed Brien, Joseph Fox and others for providing their time as well. The Board is now planning changes for next years event, so any suggestions are welcome.


Membership. As you may know, our membership year begins on July 1 each year so your membership is expiring and will not renew automatically. Take a moment to send in your application with the annual membership fee of $45 so that we may wrap up our initial membership drive as soon as possible. This may save me writing letters to follow up on stragglers which I will very much appreciate not having to do. See the membership renewal flyer in this newsletter.


Significant Dates. June is the month of the D-Day Anniversary (June 6, 1944). Of course there will be reminders in the news media with a few observations, but as is typical no attention paid to it in the days or weeks leading up to the event. With the portion of our population with direct experience with that period, that war and the invasion dwindling, it


con’t on page 3


EAST COUNTY LAWYERING


FROM THE COURT

by Robert A. Durant

Assistant Executive Officer

Administrative Division


SPOUSAL REPRESENTATION IN

SMALL CLAIMS COURT


The small claims court rarely allows for a plaintiff or defendant to appear in court by way of third party representation. One exception to this prohibition pertains to representation by a husband or wife.


Per Code of Civil Procedure section 116.540 (j), a husband or wife may represent his or her spouse in a small claims action. Such representation is permitted when husband and wife sue together or are jointly named as defendants.


Additionally, the representing spouse must have the consent of his or her spouse to serve as representative. The code does not require written consent. The court must assess whether “the interest of justice” would be served by the granting of such representation.


Therefore, the court must not immediately subject a non-appearing defendant spouse to a default judgment when his spouse appears at the small claims hearing. Under such circumstances, the small claims court must consider CCP section116.540 to determine whether the appearing spouse is permitted to represent the non-appearing spouse.


JUDGE’S CORNER


Effective Monday, May 8th, Judge Hanoian will be assigned to Department 3.


Effective June 5th Judge Cookson will be assigned to Department 8





Effective June 5th Judge Tower will be assigned to Department 21


All special Friday calendars currently assigned to Department 8 will be transferred to Department 11 as soon as possible taking into account future dates. Cases from these calendars will then be assigned to other departments depending on availability.


HOLIDAYS


The San Diego Superior Court, East County Division will be closed Tuesday, July 4, 2006 for Independence Day.


QUOTABLE QUOTES

by Randall "Rex" Erickson


Webster's New International Dictionary, Second Edition, defines ''mad'' both as ''exhibiting unsoundness or disorder of the mind,'' and as ''foolish, vain, especially, rashly or ruinously foolish.'' The Oxford English Dictionary says: ''1. Suffering from mental disease,'' and ''2. Foolish; unwise.'' Shakespeare used the word in both senses in 1602:


Hamlet, Act V, scene 1, 165-170:


Hamlet: Ay, marry, why was he sent into England?


Clown. Why, because he was mad; he shall recover his wits there; or, if he do not, 'tis no great matter there.


Hamlet: Why?


Clown: 'Twill not be seen in him there; there the men are as mad as he.


(Yorty v. Chandler (1970) 13 Cal. App. 3d 467, 475 fn. 1).




EAST COUNTY LAWYERING


FROM THE PRESIDENT

con’t from page 1


becomes harder to connect with the challenges and the sacrifices of that generation unless we make the effort to remind ourselves. If you have the opportunity to thank a World War II veteran, please do so for all of us. June is also the month for the Flag Day holiday (June 14). Although not a Federal Holiday from work schedules it remains a significant holiday in that it focuses our attention on the fact that we regard our National Flag as more than an advertising banner. Check out the Flag Code at 4 US Code §1. For more detailed description of the struggle between the freedom of speech issues and respect for the symbolism of the flag, check out the web site at suvcw.org/flag.htm.


Memorial Day. May was the month for Memorial Day and I did not let the last newsletter pass without a few observations on that holiday. During it’s observance I was naturally thinking about sailors and ran across a column which recognized some of the most common figures of speech we carry with us because of our sea going tradition. Some of them to think about:


“Above board” is a term for an honest person or an honest representation which originated in the days when pirates and smugglers would hide their crews by keeping the extra men below decks (below board).


“Bitter end” may now be a reference to a grim or painful finale but it comes from the description of the end of a ship’s rope that wraps around the “bit” where a line is tied off. So it is like coming to the “end of the rope” so to speak.


“Learning the ropes” came from the education of a seaman who would want at the end of his enlistment for his discharge papers to state that he “knows the ropes” meaning that he had learned the function of all




of the rope lines on a ship.


“Minding your p’s and q’s” may have a nautical origin from a sailors admonition to be careful about how much you had to drink. It may have been a reference to the fact that tavern keepers referred to pint and quart bottles as “p’s and Q’s.”


A “square meal” refers to the fact that plates on sailing vessels were often square rather than round because they were more efficient use of space in tiny ship’s cupboards.


A “cup of joe” became the nick name for a cup of coffee after Secretary of the Navy Josephus Daniels banned alcohol on Navy ships in 1914 and the strongest drink one could get on board ship was then a cup of coffee. (Special thanks to LCDR Thomas Cutler, USN (Retired), an editor at the U.S. Naval Institute and co-author of Dictionary of Naval Terms.)


I’ll add my favorite that has crept into our language from the use of our local service members, so much so that my staff has been caught using it. “Good to go” means that everything necessary has been done in preparation for the planned event. So for now I’ll report that the Association is good to go if you are on board for the new membership year. Welcome aboard.





EAST COUNTY LAWYERING


FBA MEMBERSHIP

RENEWAL DUE


Not only has summer arrived and the children are out of school, but it is that time again to renew your FBA membership and pay your $45.00 annual dues.


Benefits include this informative newsletter keeping you up to date on the happenings of East County, free monthly section meetings which earn MCLE credit, MCLE seminars, and an annual attorney directory.


The FBA does not send out a separate billing for dues. Your only reminder is in this Newsletter. Please complete the application included in this newsletter and mail with your check today!


A NOTE OF THANKS

by Barbara Tarvin


The East County Branch of the San Diego County Public Law Library held another successful Law Day on May 1st . The success is attributed to attorneys who volunteered to help the East County community with this much needed service. The individuals who took advantage of the free legal clinic were truly grateful. Recognition is acknowledged to the following attorneys:


Edward Brien, Jerry Carmody, Daniel Cohen, James Dobbin, Joseph Fox, Miranda Franks, Judy Marolt, Jocelyn Medrano, Cheryl Stengel and Edward Torrence.


Without your help and support this event would not have been possible. This has given us an opportunity to stand out in the public's eye.


Thank you for making that happen!



FBA GOLF

TOURNAMENT


Dan Bacal has coordinated another golf tournament aka, the "4-person scramble." The tournament is scheduled for Thursday, September 7, 2006 and further information about tee off time, cost of tickets and prizes will be provided in future newsletters but in the meantime, please contact Dan Bacal at 588-2064 if you have any questions.



EAST COUNTY LAWYER

REFERRAL SERVICE BOARD

MEMBER NEEDED!


The East San Diego County Lawyer Referral Service is looking for attorneys who are NOT members of the panel to serve on its Board of Directors. There are six meetings per year in the El Cajon area and lunch is provided. If interested, please contact Rita Drouin at 619-588-1936 for further details.



CIVIL LITIGATION SECTION


The next meeting of the Civil Litigation Section will be on Tuesday, June 13, 2006 from 12:00 noon p.m to 1:15 p.m. at BJ's Restaurant in Grossmont Center in La Mesa.


The speaker will Richard Gordon, Esq. a mediator with A Fair Way Mediation Center. He will present an overview of alternative dispute resolution. Please see the enclosed flyer for further information regarding menu choice.


The meeting is free to members of the FBA. The cost is $10.00 for non members. Applications for FBA membership will be available at the door.


This activity has been approved for 1.0 hour of MCLE credit by the State Bar of California. The FBA certifies this activity conforms to the standards for approved education activities prescribed by the rules and regulations of the State Bar of California governing mandatory minimum continuing legal education.


If you have any suggestions for speakers or upcoming meetings, please contact Mark, Jerry or Joselina.



ESTATE PLANNING, TRUST &

PROBATE SECTION


The Estate Planning Section meetings are held on the second Thursday of every month from 12:15 to 1:15, at the Law Offices of Nancy Kaupp Ewin, 8166 La Mesa Boulevard, La Mesa, CA 91941. The office is in the La Mesa Plaza retail/office complex on the corner of Spring Street and La Mesa Boulevard. Topics covered are those relative the fields of estate planning and administration as well as Elder Law issues. If you have not given us your email address and/or fax number, please call 619-698-1788 and add your information to the list. We send out the current topic in advance of the meeting to those for whom we have the information. Bring your lunch, enjoy the meeting, and earn one hour of MCLE.


This month’s meeting will be held on June 8, 2006. The meetings are free to members of the Foothills Bar Association. The cost is $10.00 for those who are not members of the Foothills Bar. Applications for membership are available on the website and at the meeting.


The meetings are structured to provide MCLE credit and have been approved by the State Bar of California to provide one hour, general. The Foothills Bar Association certifies this activity conforms to the standards for approved education activities prescribed by the rules and regulations of the State Bar of California governing mandatory minimum continuing legal education.


The section chairs are Nancy Kaupp Ewin, Miranda C. Franks and Carolyn Brock. If you have any suggestions, speakers or topics for upcoming meetings, please contact one of the chair persons.



FAMILY LAW SECTION &

CRIMINAL LAW SECTION


The Criminal Law Section and Family Law Section are joining together to present the June meeting which will be held Tuesday, June 20, 2006 from 11:45 a.m. (presentation starts at noon) to 1:15 p.m. in the Jury Lounge on the ground floor of the El Cajon Superior Court. Food is allowed and you are invited to bring your lunch. Please see the enclosed flyer for more information.


The meeting is free to members of the FBA. The cost is $10.00 for non members. Applications for FBA membership will be available at the door. This activity has been approved for 1.0 hour of MCLE credit by the State Bar of California. The FBA certifies this activity conforms to the standards for approved education activities prescribed by the rules and regulations of the State Bar of California governing mandatory minimum continuing legal education.


If you have any suggestions for speakers or upcoming meetings, please contact Edward R. Torrence or Judith Klein.



PRO TEM SCHEDULES

SMALL CLAIMS COURT

Please be prepared to take the bench at 8:15 a.m.

  

June, 2006


1           Elliott Kanter

2           Larry Kincaid

6           Wells Lyman

7           Thomas Marshall

8           Garrison Klueck

9           John Martin

13         Clare Maudsley

14         James Mietzel

15         Kristine Nesthus

16         Ron Oberndorfer

20         Barry Pasternack

21         Blaine Phipps

22         Charles Scott

23         Dave Demergian

27         Kenyon Young

28         Dan Bacal

29         Thomas Buchenau

30         Thomas Castonguay


            FAMILY LAW SETTLEMENT

CONFERENCE JUDGE

Please arrive at Department 5 by 8:30 a.m.


June, 2006


6-7-06             Debra Collicott           Sheryl Graf

                        Russ Robinson            Lauri Stocks


6-14-06           Michael Bruno            Tom Buchenau

                        Thomas Marshall        Kathy Recordon


6-21-06           Peter Aex                    Karen Chettle

                        Joseph Russo               Marc Shular


6-28-06           Stanley Bacinett         Cynthia Baker

                        Win Heiskala              Robert Krysak

 


SECTIONS & COMMITTEES

2006 SECTIONS:


CIVIL LITIGATION

Chair: Mark R. Raftery 589-8800

Members: Jerry L. Carmody, Joselina L. Medrano


CRIMINAL LAW

Chair: Daniel W. Cohen 697-0333

Member: Andrea Schneider


ESTATE PLANNING

Chair: Nancy Kaupp Ewin 698-1788

Members: Miranda C. Franks, Joselina L. Medrano


FAMILY LAW

Chair: Edward R. Torrence 698-6059

Members: Judith Klein




2006 COMMITTEES:


ANNUAL DINNER

Chair: Joseph Fox (858) 527-0111

Members: Edward R. Torrence, Miranda C. Franks


COMMUNITY SERVICE

Chair: Joselina L. Medrano 562-9999


COURT LIAISON

Chair: Dan Bacal 588-2064


GOLF TOURNAMENT

Chair: Dan Bacal 588-2064


LAW DAY

Chair: Jerry L. Carmody 667-9600





HARD-TO-GET CREDITS

SEMINAR

Chair: Judy M. Marolt 442-1857

Members: Judith Klein, Joselina L. Medrano


MCLE

Chair: Daniel W. Cohen 697-0333

Member: Joselina L. Medrano


MEMBERSHIP

Chair: Edward R. Torrence 698-6059


PUBLICATION/NEWSLETTER

Catherine Tancredi


SPECIAL EVENTS

Chair: Judith Klein 698-1882


WEBSITE:

Chair: Daniel W. Cohen 697-0333



ADS & NOTICES


OFFICE SPACE

1 BLOCK TO EL CAJON COURT. FAX, COPIER, HIGH SPEED INTERNET, ETC.

Call 619 441-1100, email tom@elcajonlaw.com.

AVAILABLE FOR RENT

PROFESSIONAL OFFICE SPACES WITH

OR WITHOUT SECRETARY SPACE


In El Cajon with easy freeway access, conference room, copier, fax, Westlaw Internet research, lunch room, notary and secretarial/paralegal services available, furnished or not. Call 619-588-2311.



NEW PROFESSIONAL OFFICE PARK

PERFECT FOR ATTORNEY -

TRUST/ESTATE/TAX


Beautiful Cuyamaca Towne Commons, two large partner offices with staff pool area, kitchen and bath. Lease part or all. Ready to occupy, great curb appeal, high visibility and ample customer parking. Perfect for legal or other professionals. A must see, sunny and bright. Call for appointment (619) 698-4331




2006 OFFICERS

 

Edward R. Torrence President           619-698-6059

Miranda C. Franks Vice-President   619-660-0520

Nancy Kaupp Ewin Secretary          619-698-1788

Mark R. Raftery Treasurer           619-589-8800


2006 DIRECTORS

 

Carolyn R. Brock                                619-440-4444

Daniel W. Cohen                     619-697-0333

Joseph Fox                                          858-527-0111

Judith Klein                               619-698-1882

Judy M. Marolt                                   619-442-1857

Joselina L. Medrano                   619-562-9999

Andrea Schneider                    619-337-1384

Cheryl L. Stengel                                619-233-1727


REPRESENTATIVES


Garrison "Bud" Klueck, SDCBA        619-448-6500

Judy M. Marolt, Lawyers Club            619-442-1857



FBA NEWSLETTER PRODUCTION


Editor in Chief/Layout & Design . . . . . .Catherine Tancredi


ADVERTISING RATES


Business Card size: $ 25.00/month; $125.00/six months; $250.00/one year and publication in annual attorney directory

Issue Sponsorship (one-half page). . . . . . . . . .$250.00/per issue

(Checks must accompany ad request before publication)


SUBMISSIONS


Send article submissions to Catherine Tancredi by e-mail to cathyesq@adnc.com. Short items may be mailed or delivered to Catherine at 275 E. Douglas Ave., Ste. 111, El Cajon, CA 92020 or faxed to her office at 619-442-7458. Send ads with check to Rita Drouin at 275 E. Douglas  Ave., Suite 104, El Cajon, CA 92020-4545


ADDRESS CHANGES


Send change of address or telephone number to Rita Drouin at 275 E. Douglas  Ave., Suite 104, El Cajon, CA 92020-4545, fax to 442-8060 or call Rita at 619-588-1936






Foothills Bar Association

P.O. Box 1077

El Cajon, CA 92022